Keeble (plaintiff) owned land where he set up a decoy pond, which he used for the lawful purpose of luring wildfowl to his property. Keeble took the wildfowl as part of a profit-making venture. Hickeringhill (defendant) had a decoy pond of his own. On three separate occasions, Hickeringill, from his own property, fired off guns near Keeble’s pond for purposes of scaring away the wildfowl that had gathered there. Keeble sued for damages resulting from Hickeringill’s actions. The lower court found in favor of Keeble and awarded him damages for the disturbances. Hickeringhill moved the King’s Bench for arrest of judgment, arguing that Keeble never had possession of the birds.